Edition notice

March 2012

The following paragraph does not apply to any country where such provisions are inconsistent with local law: LEXMARK INTERNATIONAL, INC., PROVIDES THIS PUBLICATION “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow disclaimer of express or implied warranties in certain transactions; therefore, this statement may not apply to you.

This publication could include technical inaccuracies or typographical errors. Changes are periodically made to the information herein; these changes will be incorporated in later editions. Improvements or changes in the products or the programs described may be made at any time.

References in this publication to products, programs, or services do not imply that the manufacturer intends to make these available in all countries in which it operates. Any reference to a product, program, or service is not intended to state or imply that only that product, program, or service may be used. Any functionally equivalent product, program, or service that does not infringe any existing intellectual property right may be used instead. Evaluation and verification of operation in conjunction with other products, programs, or services, except those expressly designated by the manufacturer, are the user’s responsibility.

UNITED STATES GOVERNMENT RIGHTS

This software and any accompanying documentation provided under this agreement are commercial computer software and documentation developed exclusively at private expense.

Trademarks

Lexmark, Lexmark with diamond design, MarkNet, and MarkVision are trademarks of Lexmark International, Inc., registered in the United States and/or other countries.

MarkTrack, PrintCryption, and StapleSmart are trademarks of Lexmark International, Inc.

PCL® is a registered trademark of the Hewlett-Packard Company. PCL is Hewlett-Packard Company’s designation of a set of printer commands (language) and functions included in its printer products. This printer is intended to be compatible with the PCL language. This means the printer recognizes PCL commands used in various application programs, and that the printer emulates the functions corresponding to the commands.

The following terms are trademarks or registered trademarks of these companies:

Albertus

The Monotype Corporation plc

Antique Olive

Monsieur Marcel OLIVE

Apple-Chancery

Apple Computer, Inc.

Arial

The Monotype Corporation plc

CG Times

Based on Times New Roman under license from The Monotype Corporation plc, is a product of Agfa Corporation

This product has been tested and found to comply with the limits for a Class A digital device, pursuant to Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

The FCC Class A limits are designed to provide reasonable protection against harmful interference when the equipment is operated in a commercial environment. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instruction manual, may cause harmful interference to radio communications. Operation of this equipment in a residential area is likely to cause harmful interference, in which case the user will be required to correct the interference at his own expense.

The manufacturer is not responsible for any radio or television interference caused by using other than recommended cables or by unauthorized changes or modifications to this equipment. Unauthorized changes or modifications could void the user's authority to operate this equipment.

Note: To assure compliance with FCC regulations on electromagnetic interference for a Class A computing device, use a properly shielded and grounded cable such as Lexmark part number 1021231 for parallel attach or 1021294 for USB attach. Use of a substitute cable not properly shielded and grounded may result in a violation of FCC regulations.

Compliance statement

This product complies with the Class A emission requirements of EN55022 and immunity requirements of EN55024. This product is not intended to be used in residential environments.

Exposure to radio frequency radiation

The following notice is applicable if your printer has a wireless network card installed.

The radiated output power of this device is far below the FCC radio frequency exposure limits. A minimum separation of 20 cm (8 inches) must be maintained between the antenna and any persons for this device to satisfy the RF exposure requirements of the FCC.

Industry Canada notices

Industry Canada compliance statement

This Class A digital apparatus meets all requirements of the Canadian Interference-Causing Equipment Standard ICES-003.

Avis de conformité aux normes de l’industrie du Canada

Industry Canada radio interference statement

Industry Canada (Canada)

This device complies with Industry Canada specification RSS-210. Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.

This device has been designed to operate only with the antenna provided. Use of any other antenna is strictly prohibited per regulations of Industry Canada.

To prevent radio interference to the licensed service, this device is intended to be operated indoors and away from windows to provide maximum shielding. Equipment (or its transmit antenna) that is installed outdoors is subject to licensing.

The installer of this radio equipment must ensure that the antenna is located or pointed such that it does not emit RF fields in excess of Health Canada limits for the general population; consult Safety Code 6, obtainable from Health Canada's Web site www.hc-sc.gc.ca/rpb.

The term "IC:" before the certification/registration number only signifies that the Industry Canada technical specifications were met.

Radio interference notice

This is a Class A product. In a domestic environment, this product may cause radio interference, in which case, the user may be required to take adequate measures.

European Community (EC) directives conformity

This product is in conformity with the protection requirements of EC Council directives 2004/108/EC, 2006/95/EC, and 1999/5/EC on the approximation and harmonization of the laws of the Member States relating to electromagnetic compatibility, safety of electrical equipment designed for use within certain voltage limits and on radio equipment and telecommunications terminal equipment.

Compliance is indicated by the CE marking.

A declaration of conformity with the requirements of the directives is available from the Director of Manufacturing and Technical Support, Lexmark International, S. A., Boigny, France.

India emissions notice

This device uses very low power low range RF communication that has been tested and found not to cause any interference whatsoever. The manufacturer is not responsible in case of any disputes arising out of requirement of permissions from any local authority, regulatory bodies or any organization, required by the end-user to install and operate this product at his premises.

Noise emission levels

The following measurements were made in accordance with ISO 7779 and reported in conformance with ISO 9296.

Temperature information

Ambient temperature

15.6C° – 32.2C°

Shipping and storage temperature

-40.0C° – 60.0C°

Waste from Electrical and Electronic Equipment (WEEE) directive

The WEEE logo signifies specific recycling programs and procedures for electronic products in countries of the European Union. We encourage the recycling of our products. If you have further questions about recycling options, visit the Lexmark Web site at www.lexmark.com for your local sales office phone number.

Product disposal

Do not dispose of the printer or supplies in the same manner as normal household waste. Consult your local authorities for disposal and recycling options.

This equipment complies with Part 68 of the FCC rules and the requirements adopted by the Administrative Council for Terminal Attachments (ACTA). On the back of this equipment is a label that contains, among other information, a product identifier in the format US:AAAEQ##TXXXX. If requested, this number must be provided to your telephone company.

This equipment uses the RJ-11C Universal Service Order Code (USOC) jack.

A plug and jack used to connect this equipment to the premises’ wiring and telephone network must comply with the applicable FCC Part 68 rules and requirements adopted by the ACTA. A compliant telephone cord and modular plug is provided with this product. It is designed to be connected to a compatible modular jack that is also compliant. See your setup documentation for more information.

The Ringer Equivalence Number (REN) is used to determine the number of devices that may be connected to a telephone line. Excessive RENs on a telephone line may result in the devices not ringing in response to an incoming call. In most but not all areas, the sum of RENs should not exceed five (5.0). To be certain of the number of devices that may be connected to a line, as determined by the total RENs, contact your local telephone company. For products approved after July 23, 2001, the REN for this product is part of the product identifier that has the format US:AAAEQ##TXXXX. The digits represented by ## are the REN without a decimal point (for example, 03 is a REN of 0.3). For earlier products, the REN is shown separately on the label.

If this equipment causes harm to the telephone network, the telephone company will notify you in advance that temporary discontinuance of service may be required. If advance notice is not practical, the telephone company will notify the customer as soon as possible. You will also be advised of your right to file a complaint with the FCC.

The telephone company may make changes in its facilities, equipment, operations or procedures that could affect the operation of this equipment. If this happens, the telephone company will provide advance notice in order for you to make necessary modifications to maintain uninterrupted service.

If you experience trouble with this equipment, for repair or warranty information, contact Lexmark International, Inc. at www.lexmark.com or your Lexmark representative. If the equipment is causing harm to the telephone network, the telephone company may request that you disconnect the equipment until the problem is resolved.

This equipment contains no user serviceable parts. For repair and warranty information, contact Lexmark International, Inc. See the previous paragraph for contact information.

Connection to party line service is subject to state tariffs. Contact the state public utility commission, public service commission, or corporation commission for information.

If your home has specially wired alarm equipment connected to the telephone line, ensure the installation of this equipment does not disable your alarm equipment. If you have questions about what will disable alarm equipment, consult your telephone company or a qualified installer.

Telephone companies report that electrical surges, typically lightning transients, are very destructive to customer terminal equipment connected to AC power sources. This has been identified as a major nationwide problem. It is recommended that the customer install an appropriate AC surge arrestor in the AC outlet to which this device is connected. An appropriate AC surge arrestor is defined as one that is suitably rated, and certified by UL (Underwriter's Laboratories), another NRTL (Nationally Recognized Testing Laboratory), or a recognized safety certification body in the country/region of use. This is to avoid damage to the equipment caused by local lightning strikes and other electrical surges.

The Telephone Consumer Protection Act of 1991 makes it unlawful for any person to use a computer or other electronic device, including fax machines, to send any message unless said message clearly contains in a margin at the top or bottom of each transmitted page or on the first page of the transmission, the date and time it is sent and an identification of the business or other entity, or other individual sending the message, and the telephone number of the sending machine or such business, other entity, or individual. (The telephone number provided may not be a 900 number or any other number for which charges exceed local or long-distance transmission charges.)

See your user documentation in order to program this information into your fax machine.

Notice to users of the Canadian telephone network

This product meets the applicable Industry Canada technical specifications. The Ringer Equivalence Number (REN) is an indication of the maximum number of terminals allowed to be connected to a telephone interface. The terminus of an interface may consist of any combination of devices, subject only to the requirement that the sum of the RENs of all the devices does not exceed five. The modem REN is located on the rear of the equipment on the product labeling.

Telephone companies report that electrical surges, typically lightning transients, are very destructive to customer terminal equipment connected to AC power sources. This has been identified as a major nationwide problem. It is recommended that the customer install an appropriate AC surge arrestor in the AC outlet to which this device is connected. An appropriate AC surge arrestor is defined as one that is suitably rated, and certified by UL (Underwriter’s Laboratories), another NRTL (Nationally Recognized Testing Laboratory), or a recognized safety certification body in the country/region of use. This is to avoid damage to the equipment caused by local lightning strikes and other electrical surges.

Notice to users of the New Zealand telephone network

The following are special conditions for the Facsimile User Instructions. The grant of a telepermit for any item of terminal equipment indicates only that Telecom has accepted that the item complies with minimum conditions for connection to its network. It indicates no endorsement of the product by Telecom, nor does it provide any sort of warranty. Above all, it provides no assurance that any item will work correctly in all respects with another item of telepermitted equipment of a different make or model, nor does it imply that any product is compatible with all of Telecom's network services.

This equipment shall not be set up to make automatic calls to the Telecom's 111 Emergency Service.

This equipment may not provide for the effective hand-over of a call to another device connected to the same line.

This equipment should not be used under any circumstances that may constitute a nuisance to other Telecom customers.

Some parameters required for compliance with Telecom's telepermit requirements are dependent on the equipment associated with this device. The associated equipment shall be set to operate within the following limits for compliance to Telecom's specifications:

There shall be no more than 10 call attempts to the same number within any 30 minute period for any single manual call initiation, and

The equipment shall go on-hook for a period of not less than 30 seconds between the end of one attempt and the beginning of the next call attempt.

The equipment shall be set to ensure that automatic calls to different numbers are spaced such that there is not less than 5 seconds between the end of one call attempt and the beginning of another.

South Africa telecommunications notice

This modem must be used in conjunction with an approved surge protection device when connected to the PSTN.

Using this product in Switzerland

This product requires a Swiss billing tone filter (Lexmark part number 14B5109 or 80D1877) to be installed on any line which receives metering pulses in Switzerland. The Lexmark filter must be used, as metering pulses are present on all analog telephone lines in Switzerland.

ENERGY STAR

Laser notice

The printer is certified in the U.S. to conform to the requirements of DHHS 21 CFR Subchapter J for Class I (1) laser products, and elsewhere is certified as a Class I laser product conforming to the requirements of IEC 60825-1.

Class I laser products are not considered to be hazardous. The printer contains internally a Class IIIb (3b) laser that is nominally a 5 milliwatt gallium arsenide laser operating in the wavelength of 770-795 nanometers. The laser system and printer are designed so there is never any human access to laser radiation above a Class I level during normal operation, user maintenance, or prescribed service condition.

Laser advisory label

A laser notice label may be affixed to this printer as shown:

Power consumption

Product power consumption

The following table documents the power consumption characteristics of the product.

Note: Some modes may not apply to your product.

Mode

Description

Power consumption (Watts)

Printing

The product is generating hard-copy output from electronic inputs.

700 W

Copying

The product is generating hard-copy output from hard-copy original documents.

765 W

Scanning

The product is scanning hard-copy documents.

165 W

Ready

The product is waiting for a print job.

95 W

Power Saver

The product is in energy-saving mode.

21W, 24W, 26W

High Off

The product is plugged into a wall outlet, but the power switch is turned off.

N/A

Low Off (<1 W Off)

The product is plugged into a wall outlet, the power switch is turned off, and the product is in the lowest possible power consumption mode.

N/A

Off

The product is plugged into a wall outlet, but the power switch is turned off.

110V = 0.15W, 220V = 1.25W

The power consumption levels listed in the previous table represent time-averaged measurements. Instantaneous power draws may be substantially higher than the average.

Power Saver

This product is designed with an energy-saving mode called Power Saver. The Power Saver Mode is equivalent to the EPA Sleep Mode. The Power Saver Mode saves energy by lowering power consumption during extended periods of inactivity. The Power Saver Mode is automatically engaged after this product is not used for a specified period of time, called the Power Saver Timeout.

Factory default Power Saver Timeout for this product (in minutes):

110V = 45 minutes, 220V = 60 minutes

By using the configuration menus, the Power Saver Timeout can be modified between 1 minute and 240 minutes. Setting the Power Saver Timeout to a low value reduces energy consumption, but may increase the response time of the product. Setting the Power Saver Timeout to a high value maintains a fast response, but uses more energy.

Off mode

If this product has an off mode which still consumes a small amount of power, then to completely stop product power consumption, disconnect the power supply cord from the wall outlet.

Total energy usage

It is sometimes helpful to calculate the total product energy usage. Since power consumption claims are provided in power units of Watts, the power consumption should be multiplied by the time the product spends in each mode in order to calculate energy usage. The total product energy usage is the sum of each mode's energy usage.

Lexmark International, Inc., Lexington, KY

This limited warranty applies to the United States and Canada. For customers outside the U.S., refer to the country-specific warranty information that came with your product.

This limited warranty applies to this product only if it was originally purchased for your use, and not for resale, from Lexmark or a Lexmark Remarketer, referred to in this statement as “Remarketer.”

Limited warranty

Lexmark warrants that this product:

—Is manufactured from new parts, or new and serviceable used parts, which perform like new parts

—Is, during normal use, free from defects in material and workmanship

If this product does not function as warranted during the warranty period, contact a Remarketer or Lexmark for repair or replacement (at Lexmark's option).

If this product is a feature or option, this statement applies only when that feature or option is used with the product for which it was intended. To obtain warranty service, you may be required to present the feature or option with the product.

If you transfer this product to another user, warranty service under the terms of this statement is available to that user for the remainder of the warranty period. You should transfer proof of original purchase and this statement to that user.

Limited warranty service

The warranty period starts on the date of original purchase as shown on the purchase receipt and ends 12 months later provided that the warranty period for any supplies and for any maintenance items included with the printer shall end earlier if it, or its original contents, are substantially used up, depleted, or consumed.

To obtain warranty service you may be required to present proof of original purchase. You may be required to deliver your product to the Remarketer or Lexmark, or ship it prepaid and suitably packaged to a Lexmark designated location. You are responsible for loss of, or damage to, a product in transit to the Remarketer or the Lexmark designated location.

When warranty service involves the exchange of a product or part, the item replaced becomes the property of the Remarketer or Lexmark. The replacement may be a new or repaired item.

The replacement item assumes the remaining warranty period of the original product.

Replacement is not available to you if the product you present for exchange is defaced, altered, in need of a repair not included in warranty service, damaged beyond repair, or if the product is not free of all legal obligations, restrictions, liens, and encumbrances.

Before you present this product for warranty service, remove all print cartridges, programs, data, and removable storage media (unless directed otherwise by Lexmark).

For further explanation of your warranty alternatives and the nearest Lexmark authorized servicer in your area contact Lexmark on the World Wide Web at http://support.lexmark.com.

Remote technical support is provided for this product throughout its warranty period. For products no longer covered by a Lexmark warranty, technical support may not be available or only be available for a fee.

Extent of limited warranty

Lexmark does not warrant uninterrupted or error-free operation of any product or the durability or longevity of prints produced by any product.

—Maintenance by anyone other than Lexmark or a Lexmark authorized servicer

—Operation of a product beyond the limit of its duty cycle

—Use of printing media outside of Lexmark specifications

—Refurbishment, repair, refilling or remanufacture by a third party of products, supplies or parts

—Products, supplies, parts, materials (such as toners and inks), software, or interfaces not furnished by Lexmark

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LEXMARK NOR ITS THIRD PARTY SUPPLIERS OR REMARKETERS MAKE ANY OTHER WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT, AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. ANY WARRANTIES THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES, EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD. ALL INFORMATION, SPECIFICATIONS, PRICES, AND SERVICES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

Limitation of liability

Your sole remedy under this limited warranty is set forth in this document. For any claim concerning performance or nonperformance of Lexmark or a Remarketer for this product under this limited warranty, you may recover actual damages up to the limit set forth in the following paragraph.

Lexmark's liability for actual damages from any cause whatsoever will be limited to the amount you paid for the product that caused the damages. This limitation of liability will not apply to claims by you for bodily injury or damage to real property or tangible personal property for which Lexmark is legally liable. IN NO EVENT WILL LEXMARK BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL DAMAGE, OR OTHER ECONOMIC OR CONSEQUENTIAL DAMAGES. This is true even if you advise Lexmark or a Remarketer of the possibility of such damages. Lexmark is not liable for any claim by you based on a third party claim.

This limitation of remedies also applies to claims against any Suppliers and Remarketers of Lexmark. Lexmark's and its Suppliers' and Remarketers' limitations of remedies are not cumulative. Such Suppliers and Remarketers are intended beneficiaries of this limitation.

Additional rights

Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions contained above may not apply to you.

This limited warranty gives you specific legal rights. You may also have other rights that vary from state to state.

LEXMARK SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT

PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: This License Agreement (“Software License Agreement”) is a legal agreement between you (either an individual or a single entity) and Lexmark International, Inc. (“Lexmark”) that, to the extent your Lexmark product or Software Program is not otherwise subject to a written software license agreement between you and Lexmark or its suppliers, governs your use of any Software Program installed on or provided by Lexmark for use in connection with your Lexmark product. The term “Software Program” includes machine-readable instructions, audio/visual content (such as images and recordings), and associated media, printed materials and electronic documentation, whether incorporated into, distributed with or for use with your Lexmark product.

BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT, PROMPTLY RETURN THE PRODUCT UNUSED AND REQUEST A REFUND OF THE AMOUNT YOU PAID. IF YOU ARE INSTALLING THIS PRODUCT FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE PRODUCT INDICATES ACCEPTANCE OF THESE TERMS.

STATEMENT OF SOFTWARE LIMITED WARRANTY. Lexmark warrants that the media (e.g., diskette or compact disk) on which the Software Program (if any) is furnished is free from defects in materials and workmanship under normal use during the warranty period. The warranty period is ninety (90) days and commences on the date the Software Program is delivered to the original end-user. This limited warranty applies only to Software Program media purchased new from Lexmark or an Authorized Lexmark Reseller or Distributor. Lexmark will replace the Software Program should it be determined that the media does not conform to this limited warranty.

DISCLAIMER AND LIMITATION OF WARRANTIES. EXCEPT AS PROVIDED IN THIS SOFTWARE LICENSE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEXMARK AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. TO THE EXTENT LEXMARK CANNOT BY LAW DISCLAIM ANY COMPONENT OF THE IMPLIED WARRATIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LEXMARK LIMITS THE DURATION OF SUCH WARRANTIES TO THE 90-DAY TERM OF THE EXPRESS SOFTWARE LIMITED WARRANTY.

This Agreement is to be read in conjunction with certain statutory provisions, as that may be in force from time to time, that imply warranties or conditions or impose obligations on Lexmark that cannot be excluded or modified. If any such provisions apply, then to the extent Lexmark is able, Lexmark hereby limits its liability for breach of those provisions to one of the following: providing you a replacement copy of the Software Program or reimbursement of the price paid for the Software Program.

The Software Program may include internet links to other software applications and/or internet web pages hosted and operated by third parties unaffiliated with Lexmark. You acknowledge and agree that Lexmark is not responsible in any way for the hosting, performance, operation, maintenance, or content of, such software applications and/or internet web pages.

LIMITATION OF REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF LEXMARK UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID FOR THE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). YOUR SOLE REMEDY AGAINST LEXMARK IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT SHALL BE TO SEEK TO RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH LEXMARK SHALL BE RELEASED AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.

IN NO EVENT WILL LEXMARK, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY ARISING OUT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PROGRAM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS SOFTWARE LICENCE AGREEMENT), REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LEXMARK, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID. THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

U.S.A. STATE LAWS. This Software Limited Warranty gives you specific legal rights. You may also have other rights that vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or the exclusion of limitation of incidental or consequential damages, so the above limitations may not apply to you.

LICENSE GRANT. Lexmark grants you the following rights provided you comply with all terms and conditions of this Software License Agreement:

Use. You may Use one (1) copy of the Software Program. The term “Use” means storing, loading, installing, executing, or displaying the Software Program. If Lexmark has licensed the Software Program to you for concurrent use, you must limit the number of authorized users to the number specified in your agreement with Lexmark. You may not separate the components of the Software Program for use on more than one computer. You agree that you will not Use the Software Program, in whole or in part, in any manner that has the effect of overriding, modifying, eliminating, obscuring, altering or de-emphasizing the visual appearance of any trademark, trade name, trade dress or intellectual property notice that appears on any computer display screens normally generated by, or as a result of, the Software Program.

Copying. You may make one (1) copy of the Software Program solely for purposes of backup, archiving, or installation, provided the copy contains all of the original Software Program’s proprietary notices. You may not copy the Software Program to any public or distributed network.

Reservation of Rights. The Software Program, including all fonts, is copyrighted and owned by Lexmark International, Inc. and/or its suppliers. Lexmark reserves all rights not expressly granted to you in this Software License Agreement.

Freeware. Notwithstanding the terms and conditions of this Software License Agreement, all or any portion of the Software Program that constitutes software provided under public license by third parties (“Freeware”) is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware, whether in the form of a discrete agreement, shrink-wrap license, or electronic license terms at the time of download or installation. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.

TRANSFER. You may transfer the Software Program to another end-user. Any transfer must include all software components, media, printed materials, and this Software License Agreement and you may not retain copies of the Software Program or components thereof. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end-user receiving the transferred Software Program must agree to all these Software License Agreement terms. Upon transfer of the Software Program, your license is automatically terminated. You may not rent, sublicense, or assign the Software Program except to the extent provided in this Software License Agreement.

UPGRADES. To Use a Software Program identified as an upgrade, you must first be licensed to the original Software Program identified by Lexmark as eligible for the upgrade. After upgrading, you may no longer use the original Software Program that formed the basis for your upgrade eligibility.

LIMITATION ON REVERSE ENGINEERING. You may not alter, decrypt, reverse engineer, reverse assemble, reverse compile or otherwise translate the Software Program or assist or otherwise facilitate others to do so, except as and to the extent expressly permitted to do so by applicable law for the purposes of inter-operability, error correction, and security testing. If you have such statutory rights, you will notify Lexmark in writing of any intended reverse engineering, reverse assembly, or reverse compilation. You may not decrypt the Software Program unless necessary for the legitimate Use of the Software Program.

ADDITIONAL SOFTWARE. This Software License Agreement applies to updates or supplements to the original Software Program provided by Lexmark unless Lexmark provides other terms along with the update or supplement.

TERM. This Software License Agreement is effective unless terminated or rejected. You may reject or terminate this license at any time by destroying all copies of the Software Program, together with all modifications, documentation, and merged portions in any form, or as otherwise described herein. Lexmark may terminate your license upon notice if you fail to comply with any of the terms of this Software License Agreement. Upon such termination, you agree to destroy all copies of the Software Program together with all modifications, documentation, and merged portions in any form.

TAXES. You agree that you are responsible for payment of any taxes including, without limitation, any goods and services and personal property taxes, resulting from this Software License Agreement or your Use of the Software Program.

LIMITATION ON ACTIONS. No action, regardless of form, arising out of this Software License Agreement may be brought by either party more than two years after the cause of action has arisen, except as provided under applicable law.

APPLICABLE LAW. This Software License Agreement is governed by the laws of the Commonwealth of Kentucky, United States of America. No choice of law rules in any jurisdiction shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply.

UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Software Program has been developed entirely at private expense. Rights of the United States Government to use the Software Program are as set forth in this Software License Agreement and as restricted in DFARS 252.227-7014 and in similar FAR provisions (or any equivalent agency regulation or contract clause).

CONSENT TO USE OF DATA. You agree that Lexmark, its affiliates, and agents may collect and use information you provide in relation to support services performed with respect to the Software Program and requested by you. Lexmark agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services.

EXPORT RESTRICTIONS. You may not (a) acquire, ship, transfer, or reexport, directly or indirectly, the Software Program or any direct product therefrom, in violation of any applicable export laws or (b) permit the Software Program to be used for any purpose prohibited by such export laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.

AGREEMENT TO CONTRACT ELECTRONICALLY. You and Lexmark agree to form this Software License Agreement electronically. This means that when you click the “Agree” or “I accept” button on this page or use this product, you acknowledge your agreement to these Software License Agreement terms and conditions and that you are doing so with the intent to “sign” a contract with Lexmark.

CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in the place you sign this Software License Agreement and, if applicable, you are duly authorized by your employer or principal to enter into this contract.

ENTIRE AGREEMENT. This Software License Agreement (including any addendum or amendment to this Software License Agreement that is included with the Software Program) is the entire agreement between you and Lexmark relating to the Software Program. Except as otherwise provided for herein, these terms and conditions supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Program or any other subject matter covered by this Software License Agreement (except to the extent such extraneous terms do not conflict with the terms of this Software License Agreement, any other written agreement signed by you and Lexmark relating to your Use of the Software Program). To the extent any Lexmark policies or programs for support services conflict with the terms of this Software License Agreement, the terms of this Software License Agreement shall control.